We use cookies to improve the functionality and performance of this site. By continuing to use this site, you are providing us with your consent to our use of cookies on the site. Please see our Privacy Policy for details.

Will Comcast v. Behrend Be SCOTUS's Hydrogen Peroxide?

Law360November 7, 2012

Summary

David Hanselman and Daniel Powers, as co-authors of this bylined article, assessed whether a major case now before the U.S. Supreme Court will expand the evidentiary standards necessary for a class certification motion. “The tenor of the questioning” by the Justices in oral argument “suggested a possible consensus view that district courts have an obligation at the class certification stage to make a preliminary inquiry into the reliability of an expert’s opinion,” the authors wrote, adding that the Justices “gave few clues as to how rigorous this analysis must be.”